The EU has recently formally adopted the revised Technology Transfer Block Exemption Regulation (TTBER) and accompanying guidelines, introducing significant changes to competition rules in the field of technology licensing. The new rules will come into force on 1 May 2026, providing, for the first time, systematic provisions for the competition assessment of data licensing agreements and ‘licensing negotiation groups’ (LNGs).

On 16 April 2026, the European Commission announced the completion of a comprehensive review of the 2014 version of the TTBER and its guidelines, and published the revised texts. Teresa Ribera, Executive Vice-President of the European Commission, stated that clear and predictable rules are crucial for innovation; the updated rules provide businesses with practical guidance on licensing within the digital economy, helping to ensure the wider circulation of technology (including data) and enhancing Europe’s competitiveness.

The core changes in this revision concern two major emerging practices:

Firstly, a new chapter on the assessment of data licensing agreements has been added. The Guidelines clarify that when databases protected by copyright or EU database rights are licensed for production purposes, this generally has a pro-competitive effect, and the Commission will assess such cases in accordance with the principles applicable to technology transfer agreements.

Secondly, systematic guidance on ‘Licensing Negotiation Groups’ (LNGs) has been provided for the first time. LNGs refer to arrangements whereby technology implementers join forces to negotiate licence terms with rights holders. The Guidelines clarify the distinction between genuine joint negotiations and buyer cartels, list the relevant factors for assessing whether they restrict competition, and outline measures LNGs can take to mitigate compliance risks.

In addition, the Commission has simplified and clarified certain existing rules. For example, the application of the TTBER market share threshold has been simplified for cases where technology is licensed prior to commercialisation. At the same time, the conditions for the ‘safe harbour’ for technology pools in the Guidelines have been further refined to ensure that this protection is granted only to technology pools that comply with Article 101 of the Treaty on the Functioning of the European Union. A technology pool refers to an arrangement whereby multiple technology rights holders bundle their rights and grant them under a single licence, commonly used in standard-setting sectors such as telecommunications.

Under Article 101(1) of the Treaty on the Functioning of the European Union (TFEU), agreements between undertakings that restrict competition are, in principle, prohibited. However, Article 101(3) allows for exemptions for agreements that contribute to improving production or distribution, promoting technical or economic progress, and allowing consumers to share fairly in the resulting benefits. The TTBER provides a block exemption for eligible technology transfer agreements.

Prior to this amendment, the European Commission published an evaluation report in November 2024, confirming that the existing rules remained valid but required improvements to legal certainty and to reflect market developments. An impact assessment was launched in January 2025, and a draft was published for consultation in September of the same year. The results of the consultation have been summarised in the impact assessment report.

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